Torts Keyed to Prosser
H.R. Moch Co. v. Rensselaer Water Co
Facts
The Defendant entered into a contract with the city of Rensselaer to supply water for a number of years. While the contract was in force Plaintiff’s warehouse caught fire. The Defendant was notified of the fire, but according to the complaint, failed to supply a sufficient quantity of water with adequate pressure to extinguish the fire. It was also claimed that Defendant was equipped to do so and had agreed in contract with the city that it would. The Plaintiff brought suit as one for the breach of a statutory duty. The Defendant made a motion in the nature of a demurrer to dismiss the complaint, which was denied at Special Term. The Appellate Division reversed by a divided court.
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